Sudamiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.500 of 2017 Arising Out of PS.Case No. -30 Year- 2013 Thana -FATEHPUR District- GAYA ======================================================

1. Sudamiya Devi, wife of Late Sivan Manjhi, Resident of Village- Guni Pipra, P.S.- Fatehpur, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : Smt. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is languishing in custody since 29.04.2015 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The prosecution case as lodged by the informant is that his daughter was married to petitioner's son 12-13 years ago and was being tortured by the husband, brother-in-law and the motherin-law, who have strangulated and killed his daughter. It has been submitted by the learned counsel that the petitioner, who is mother-in-law of the deceased, there is no specific allegation against her. It is further submitted that the husband of the deceased is in custody since 04.08.2013 and charge

Patna High Court Cr.Misc. No.500 of 2017 (3) dt.18-01-2017 2/2 sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. It has further been submitted that the brother-in-law Raju Manjhi, who is also coaccused has been granted privilege of bail by this Court in Cr. Misc. No. 8227 of 2016 dated 11.05.2016.

However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- VIII, Gaya in connection with Sessions Trial No. 227/2016 arising out of Fatehpur P. S. Case No. 30/2013. (Nilu Agrawal, J) Sudha/- U T